Bar owner fails to submit video

STOCKTON - The owner of Stockton's Evviva Lounge has been ordered to appear in court after failing to provide nightclub surveillance footage from the night 29-year-old Eric Valverde was gunned down.

Jennie Rodriguez-Moore

STOCKTON - The owner of Stockton's Evviva Lounge has been ordered to appear in court after failing to provide nightclub surveillance footage from the night 29-year-old Eric Valverde was gunned down.

Defense attorney Tai Bogan subpoenaed the video of the club interior but said owner Michael Varni has been noncompliant.

"They weren't being very forthcoming," Bogan said.

Bogan was retained to represent 17-year-old Raymond Valles Jr., one of the five defendants accused of murdering Valverde. Valles was also shot during the altercation.

Four others accused in the shooting are Rocky Riberal, 44; Riberal's 18-year-old son, Brandon Riberal; Vicente Yanez, 18 and Carlos Zendejas, 17. All are being charged as adults and face premeditated murder, gang and weapons charges.

Valverde, who had been inside the lounge with friends, was found with gunshot wounds in a parking lot on Alder Street near the Pacific Avenue stretch known as the Miracle Mile on March 31. He died shortly after at a local hospital.

More information will be revealed at a preliminary hearing where witnesses will be called to testify.

Bogan said if there are surveillance images of the interior, he wants to see them, because he believes the shooting might have evolved from a fight inside.

"I want to see what's happening inside the club," Bogan said.

Court papers asking for the video were served to Evviva's manager, who told the investigator he would forward it to Varni, Bogan said. Varni also is the owner of Stockton Joe's, another Stockton night spot, Bogan said.

San Joaquin County Superior Court Judge Seth Hoyt on Monday ordered Varni to explain why he hasn't responded to the defense's subpoena. The club owner is scheduled in court Aug. 2.

On that day, attorneys also are expected to set dates for the preliminary hearing.